Is My Tesla a Lemon Under California Law?

Tesla Autopilot Safety Concerns

Last year, Tesla issued an over-the-air software update for all US-market Teslas manufactured up to December 2023. This recall followed a review by the National Highway Traffic Safety Administration (NHTSA) of nearly 1,000 crashes involving the Autopilot system, which resulted in 29 fatalities. The Office of Defects Investigation (ODI) found that the term “Autopilot” is misleading. It implies more than Level 2 autonomy and might discourage drivers from taking manual control since doing so disables the lane-centering feature called Autosteer.

Although the initial investigation has concluded, the ODI has initiated a recall query to assess the adequacy of the December 2023 software update. This action follows reports of crashes that occurred after the update and worrisome findings from initial NHTSA tests. Concerns also exist about the requirement for owners to opt-in for the remedy and the ease with which drivers can deactivate it. Even higher levels of vehicle autonomy, like Mercedes-Benz‘s Drive Pilot, still require driver attention, as distractions, especially texting, significantly raise crash risks. Given these complexities and potential hazards, consulting a California lemon law attorney is crucial to understand your rights and options. 

Why is Tesla’s Autopilot System Dangerous?

Tesla’s over-the-air update has faced criticism for providing minimal improvements in warnings and alerts for Autopilot and Autosteer. This recall query involves over two million vehicles, and the NHTSA is working quickly to resolve it. The NHTSA investigated 956 crashes where Autopilot was allegedly used from January 2018 to August 2023. This includes 211 incidents where the frontal plane of a Tesla hit another vehicle or obstacle, leading to 13 of the 29 fatalities. The hazard was visible in 59 of these crashes for more than five seconds before impact. Other crashes included loss of control in low-traction environments and inadvertent deactivation of Autosteer while Traffic-Aware Cruise Control remained engaged.

Autosteer only works within clearly marked lanes and relies on Traffic-Aware Cruise Control to match the Tesla’s speed to surrounding traffic. The higher-level Full Self-Driving Capability, which once cost $12,000, now adds $8,000 to the price of a Tesla. The December 2023 recall involves over two million vehicles manufactured from October 5, 2012, to December 7, 2023. Vehicles produced after December 7 have the remedy software installed during assembly.

Dangers of Tesla Autopilot Function

Tesla’s Autopilot system has several significant safety concerns drivers should know. These issues can compromise your safety and highlight why Tesla vehicles equipped with Autopilot might be considered lemons under California law:

• Misleading Autopilot And Full Self-Driving Names: These terms suggest a higher level of autonomy than provided, potentially leading to driver complacency.
• Lane-Centering Deactivation Upon Manual Control: Drivers might hesitate to take control because it deactivates Autosteer, reducing safety.
• Inadequate Post-Update Performance: Despite updates, crashes continue to occur, indicating the fixes may not be sufficient.
• Requirement For Owner Opt-In For Safety Features: Critical safety updates should be mandatory and irreversible to ensure maximum effectiveness.
• Distracted Driving: Over-reliance on Autopilot can lead to increased distractions, especially dangerous activities like texting.

These concerns highlight why Tesla vehicles equipped with Autopilot might be considered lemons under California law.

How California Lemon Law Applies to Tesla Autopilot Defect Claims

Under California lemon law, a vehicle is considered a lemon if it has substantial defects affecting its safety, value, or use, which the manufacturer cannot fix after a reasonable number of attempts. Importantly, each time Tesla sends an over the air update, counts as an attempt to repair a defect, unless it is merely an added feature. Tesla’s Autopilot-related issues, including misleading safety feature names, ineffective updates, and persistent crash risks, meet these criteria. If your Tesla has Autopilot defects that impair your ability to drive safely, you may be entitled to a replacement vehicle or a refund.

Tesla owners may face other issues that could qualify their vehicle as a lemon, including:

• Battery degradation: Significant loss of driving range over a short period.
• Electrical system failures: Repeated malfunctions affecting the vehicle’s operation.
• Build quality issues: Persistent problems with fit and finish, such as paint defects and panel gaps.
• Software glitches: Frequent, unresolved issues with the vehicle’s operating system.

If your Tesla experiences these or other recurring problems, it’s essential to consult a knowledgeable lemon law attorney. They can guide you through the process and help you secure the compensation or replacement vehicle you deserve.

Are You Dealing with Ongoing Repairs For Your Vehicle?

If you recently purchased a Tesla, and you’ve experienced repeated problems requiring frequent trips to the dealership, you may have been sold a Lemon. If you believe you have a Tesla Lemon, the dedicated California Lemon Law lawyers at Wirtz Law APC, can help. At Wirtz Law APC, we specialize in handling Lemon Law cases on behalf of vehicle owners across the state.

Over the years, we’ve handled countless cases, connecting our clients with more than $70 Million in damages. We take a comprehensive approach to handling every case, which is why we’ve been able to successfully obtain compensation for our clients in over 98 percent of our Lemon Law cases.

To learn more and to schedule a free consultation with a California Lemon Law attorney today, call 858-259-5009. You can also connect with us through our online contact form. We serve not only our local towns but also Central and Northern California car owners.